|        About Good Returns  |  Advertise  |  Contact Us  |  Terms & Conditions  |  RSS Feeds

NZ's Financial Adviser News Centre

GR Logo
Last Article Uploaded: Friday, July 19th, 9:10AM


Latest Headlines

Roboadvice could come sooner than law reform

The Financial Markets Authority is considering ways that roboadvice could be made possible before the new financial advice legislation kicks in.

Monday, May 15th 2017, 6:00AM 9 Comments

by Susan Edmunds

Binu Paul, managing director of Savvy Kiwi

The Financial Services Legislation Amendment Bill, which repeals and replaces the Financial Advisers Act, will clear the way for roboadvice to operate in New Zealand for the first time.

But lawyers said it was not happening fast enough.

Geoff Ward-Marshall, of DLA Piper, said the law would not change until 2019 under the current timeline. "Fintech is fast-moving and there is a real risk that New Zealand firms looking to operate in the roboadvice area will be left behind by their overseas competitors."

He said he had not seen any concerns raised about the introduction of automated advice during the Financial Advisers Act review process.

"Industry is ready and waiting for it... and bearing in mind the glaring advice gap, consumers need it."

Lloyd Kavanagh, chair and partner of Minter Ellison Rudd Watts, agreed: "I do think there is a risk of New Zealand being left behind as innovation develops pace around the world. That means the benefit, of making low cost independent advice available to the large numbers of New Zealanders who do not currently receive advice, would be delayed.

"In addition, if the innovation occurs elsewhere, and is only rolled out to NZ belatedly after having been designed to suit other markets, that means New Zealand loses the opportunity to develop its technology sector."

A spokeswoman for the Ministry of Business, Innovation and Employment said the concern was being addressed.

"We received feedback from some stakeholders that we should consider options to ensure the ability to provide roboadvice is not unduly delayed. We are currently analysing these submissions. The transitional arrangements will aim to strike a balance between ensuring New Zealand providers are not at a competitive disadvantage and that there are sufficient safeguards in place for investors," she said.

"MBIE has also discussed this matter with FMA.  They say: 'The FMA has been considering ways to facilitate digital advice sooner than the law reform. We think this may be possible within our existing exemption powers, and we expect to publish our proposals through consultation  next month, and will be looking for feedback on this'."

Binu Paul, managing director of Savvy Kiwi, said it was in lawyers’ interests to get robo activity kicking off soon. But he said start-ups should take care.

"I'd highly recommend focussing on the commercial viability rather than rushing into an untested opportunity if you have only limited capital.

"Personally my suggestion to parties waiting to launch roboadvisory services would be to focus on potential customers and how they might pay you rather than rushing into writing out checks for marketing and legal services, consultants or technology developers. That should be secondary to your primary goal, being your commercial model. Once you have identified a potentially successful model, then perhaps your first stop should be to get your legal framework and infrastructure etc sorted.”

Tags: roboadvice

« Getting to Know: Stephen O'ConnorLVR restrictions to be reviewed »

Special Offers

Comments from our readers

On 15 May 2017 at 12:33 pm Murray Weatherston said:
Is this a non sequitur?
1. Big institutions are likely to want to provide robo-advice (really robo-sales)
2. Big institutions hire big law firms
3. When big law firms advocate for faster adoption of robo friendly laws, they are actually submitting on behalf of the big institutions.

My understanding of the current Financial Advisers Act is that robo firms can provide
(1) class advice to retail clients and
(2) financial adviser services to wholesale clients
provided they are registered under FSPRAct.

What they can't do is provide personalised advice to retail clients, as that is preserved to named types of individuals [s18 FAA2008].

It's hard to see how FMA could legally extend the law when the legislation is expressed so clearly.

If it took me less than an hour to get to my conclusion (if correct of course) I can't see that it should take more than a day for professional lawyers to work that one out too.[I have allowed them more time to consult with colleagues, get external advice and escalate the decision up the food chain - all things that we sole practitioners don't have to worry about)
On 15 May 2017 at 4:44 pm Brent Sheather said:
Well said Murray and yes when big law firms advocate you know they are actually doing so on behalf of their clients. If overseas trends are any indication robo advice for the first 10 years or so will be like “gold rushes” of the past: the best way to participate is not to look for gold but sell the picks and shovels. That is unless of course locally robo advisors charge high fees which I guess is always possible.

As regards legislation, with the big end of town involved, one can expect things to be fast tracked – for the consumers benefit of course.
On 16 May 2017 at 1:40 pm henry Filth said:
For us mug punters, the robots have already arrived.

Off to see one of the financial planning chains.

Get given a standard risk tolerance questionnaire.

Which leads to a standard "investor type"

Which leads to a standard portfolio.

Thank G*d for the independents, who take time out from the sales process to do some listening and thinking.

On 16 May 2017 at 2:59 pm M S said:
Don't use the term roboadvice. It's roboinformation. Advice is something proffered in response to an informed discussion. Roboadvice is not & cannot follow that path.
On 17 May 2017 at 11:29 am doomben said:
"Advice is something proffered in response to an informed discussion. Roboadvice is not & cannot follow that path."

What evidence do you have to say that? Or is it just hope?

Behavioural economic and psychology studies seem to repeatedly throw up examples where computers following even simple rules are better or not much different than highly trained "experts".

Human experts tend to follow simple rules anyway but also have a bad habit of seeing patterns when none exists.

And that is before we get to the potential of deep learning machines...
On 17 May 2017 at 2:42 pm Barry Read said:
There is no risk of NZ firms getting left behind by overseas competitors. Neither can provide robo-advice services for NZs, as Murray quite rightly points out. So how could they be left behind when no one can operate that model for NZers? Yes it is a delay for consumers, but they are hardly banging down the virtual doors for advice services. There is nothing stopping Online Advice provided by an individual adviser (Personalised) or advice firms (Class and Wholesale) right now.
On 18 May 2017 at 8:14 am MPT Heretic said:
So roboadvice will deliver low cost independent advice. Really? It cant be independent advice if there are associated financial products as part of the solution. It seems to me most solutions in this space are not going to be independent. As to low cost - just how do you measure the cost of portfolio activity driven by to much or to little trading or poor trading decisions based on emotion. For a hint at the real cost of roboadvice just take a look at the research which shows how poorly DIY investors do when left to their own devices
On 18 May 2017 at 8:32 am Pragmatic said:
Not sure that I entirely agree with @Barry Read's summation.
1. The thing that prevents digital technologies from dispensing comprehensive advice in NZ are current regulations. Simply put, this requires a human to complete the advice.
2. There are 2 groups whom I'm aware of (and who aren't making big noises) who are advanced in their development of a digital model for NZ. To my knowledge, these are scheduled to launch within the next 12 months - albeit they are not aimed at replacing the advice community.
On 18 May 2017 at 5:14 pm Murray Weatherston said:
Can you point me to the statute or regulation that is authority for your statement "Simply put, this requires a human to complete the advice"
As I said above, when I looked at the FAA 2008 it said a firm is allowed to give class advice to a retail client, or any advice to a wholesale client.
Perhaps there is a lawyer reader who might be inclined to weigh into this thread.

Sign In to add your comment



Printable version  


Email to a friend
News Bites
Latest Comments
Subscribe Now

Weekly Wrap

Previous News
Most Commented On
Mortgage Rates Table

Full Rates Table | Compare Rates

Lender Flt 1yr 2yr 3yr
AIA - Back My Build 6.19 - - -
AIA - Go Home Loans 8.74 7.14 6.75 6.39
ANZ 8.64 ▼7.45 ▼7.09 ▼6.95
ANZ Blueprint to Build 7.39 - - -
ANZ Good Energy - - - 1.00
ANZ Special - ▼6.85 ▼6.49 ▼6.35
ASB Bank 8.64 7.14 6.75 6.39
ASB Better Homes Top Up - - - 1.00
Avanti Finance 9.15 - - -
Basecorp Finance 9.60 - - -
Bluestone 9.24 - - -
Lender Flt 1yr 2yr 3yr
BNZ - Classic - 7.14 6.79 6.65
BNZ - Green Home Loan top-ups - - - 1.00
BNZ - Mortgage One 8.69 - - -
BNZ - Rapid Repay 8.69 - - -
BNZ - Std, FlyBuys 8.69 7.74 7.39 7.25
BNZ - TotalMoney 8.69 - - -
CFML Loans 9.45 - - -
China Construction Bank - 7.09 6.75 6.49
China Construction Bank Special - - - -
Co-operative Bank - First Home Special - 6.79 - -
Co-operative Bank - Owner Occ 8.40 6.99 6.79 6.65
Lender Flt 1yr 2yr 3yr
Co-operative Bank - Standard 8.40 7.49 7.29 7.15
Credit Union Auckland 7.70 - - -
First Credit Union Special - 7.45 7.35 -
First Credit Union Standard 8.50 7.99 7.85 -
Heartland Bank - Online 7.99 6.89 6.55 6.35
Heartland Bank - Reverse Mortgage - - - -
Heretaunga Building Society 8.90 7.60 7.40 -
HSBC Premier 8.59 - - -
HSBC Premier LVR > 80% - - - -
HSBC Special - - - -
ICBC 7.85 7.05 6.69 6.59
Lender Flt 1yr 2yr 3yr
Kainga Ora 8.64 7.74 7.35 6.99
Kainga Ora - First Home Buyer Special - - - -
Kiwibank 8.50 7.99 7.79 7.55
Kiwibank - Offset 8.50 - - -
Kiwibank Special - 6.99 6.79 6.65
Liberty 8.59 8.69 8.79 8.94
Nelson Building Society 9.00 7.65 7.25 -
Pepper Money Advantage 10.49 - - -
Pepper Money Easy 8.69 - - -
Pepper Money Essential 8.29 - - -
SBS Bank 8.74 7.74 7.09 6.95
Lender Flt 1yr 2yr 3yr
SBS Bank Special - 7.14 6.49 6.35
SBS Construction lending for FHB - - - -
SBS FirstHome Combo 6.19 6.14 - -
SBS FirstHome Combo - - - -
SBS Unwind reverse equity 9.95 - - -
Select Home Loans 9.24 - - -
TSB Bank 9.44 7.79 7.55 7.45
TSB Special 8.64 6.99 6.75 6.65
Unity 8.64 6.99 6.79 -
Unity First Home Buyer special - 6.55 6.45 -
Wairarapa Building Society 8.60 6.95 6.85 -
Lender Flt 1yr 2yr 3yr
Westpac 8.64 7.49 7.35 6.99
Westpac Choices Everyday 8.74 - - -
Westpac Offset 8.64 - - -
Westpac Special - 6.89 6.75 6.39
Median 8.64 7.14 6.82 6.65

Last updated: 18 July 2024 10:19am

About Us  |  Advertise  |  Contact Us  |  Terms & Conditions  |  Privacy Policy  |  RSS Feeds  |  Letters  |  Archive  |  Toolbox  |  Disclaimer
Site by Web Developer and